UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6810

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
DONALD WILLIAM FRASER,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR91-181-ALL, CA-99-1036-S)

Submitted:

August 19, 1999

Decided:

August 26, 1999

Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Helen Wang, Philadelphia, Pennsylvania, for Appellant. Lynne Ann
Battaglia, United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Donald William Fraser seeks to appeal the district courts
order denying his motion filed under 28 U.S.C.A. 2255 (West Supp.
1999).

We have reviewed the record and the district courts opin-

ion and find no reversible error.

Accordingly, we deny a certifi-

cate of appealability and dismiss the appeal on the reasoning of

the district court.

See United States v. Fraser, Nos. CR-91-181-

ALL; CA-99-1036-S (D. Md. May 10, 1999).*

We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not
aid the decisional process.

DISMISSED

Although the district courts order is dated May 7, 1999,

the district courts records show that it was entered on the docket
sheet on May 10, 1999.
Pursuant to Rules 58 and 79(a) of the
Federal Rules of Civil Procedure, it is the date that the order was
entered on the docket sheet that we take as the effective date of
the district courts decision.
See Wilson v. Murray, 806 F.2d
1232, 1234-35 (4th Cir. 1986).
2